Court to rule on plan to charge Imam in false pretenses claims

A Milimani Chief Magistrate’s Court will on February 10, 2026 rule whether to release a senior imam charged with obtaining money by false pretences.

Omar Athman Omar is accused of obtaining a total of Sh774,000 from Mohamed Salim Bahlewa on December 18 and 19, 2025, by falsely claiming he was in a position to facilitate Salim’s participation in the Muslim pilgrimage, Umrah, in Mecca, Saudi Arabia.

The prosecution told the court that the accused was arrested on February 7, 2026, at Jomo Kenyatta International Airport (JKIA) upon arrival into the country and did not voluntarily surrender to authorities.

State counsel opposed the release of the accused on bail, arguing that he is a flight risk due to his history of occasional international travel.

The prosecution further told the court that additional complaints are being recorded, including a recent one at Lang’ata Police Station.

The prosecution also argued that releasing the accused could put his personal safety at risk, claiming that members of the public, including alleged victims, may attempt to confront or harm him.

They maintained that these factors amount to compelling reasons to deny bail and bond.

However, the defence opposed the application, telling Chief magistrate Lucas Onyina that the accused is a senior religious leader with strong family and community ties and a fixed residence in Malindi.

Defence counsel said that although the accused occasionally travels to Saudi Arabia for religious duties, he is not a flight risk.

The defence further submitted that the accused travelled to Saudi Arabia on December 9, 2025, before the alleged offence dates, and that the money was allegedly sent to him on December 18, 2025, while he was already abroad.

Counsel argued that if the accused intended to flee, he would not have returned to Kenya and instead came back specifically to face the allegations.

The defence also challenged an affidavit sworn by the investigating officer, saying it omitted key dates regarding when the money was allegedly paid.

They further disputed claims that the accused has no fixed abode and rejected allegations that his position as an imam would enable him to interfere with investigations or witnesses.